What do you have to prove to win a malpractice suit?

Asked on July 30, 2015 under Malpractice Law, North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In order to bring and win a medical malpractice claim it must be shown that due to a doctor's (or other medical professional's) negligence, a patient suffered harm (i.e. they were in some way injured).

The issue of negligence in such cases is whether the doctor breached the applicable "medical standard of care" under the circumstances. In other words, would a doctor with similar training in the same medical community have identified the problem or undertaken the same course of action?

For more information here is a link to a site that will be of further help:


If you believe that you are the victim of medical malpractice, you should consult an personal injury attorney who specializes these cases.


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